Chapter 5. Student Organizations

Subchapter 5-100. General Provisions

Sec. 5-101. Definitions
a. In this chapter, unless the context requires a different meaning,

1. "dean" means the dean of student affairs, or the dean's delegate or representative;
2. "hearing officer" means a person appointed by the president to conduct hearings of alleged violations of a regents' rule, university regulation, or administrative rule;
3. "organization" means a student group holding a valid registration;
4. "president" means the president of The University of Texas at Tyler;
5. "student" means a person currently enrolled in residence at the university, or who is accepted for admission or readmission to the university, or who has been enrolled at the university in a prior semester or summer session and is eligible to continue enrollment in the semester or summer session that immediately follows, or who is attending an educational program sponsored by the university while that person is on campus;
6. "university" means The University of Texas at Tyler;
7. "university facility" means a classroom, auditorium, University Pines student apartments, other building, or outdoor area owned or controlled by the university;
8. "weekday" means Monday through Friday except for official university holidays; "day" means calendar day;
9. "faculty or staff" means a current employee of The University of Texas at Tyler.

Subchapter 5-200. Registration

Sec. 5-201. Registration Required
a. The university encourages student development, and participating in organizations as an effective means of establishing interpersonal relationships, developing leadership skills, and generally enhancing the academic program.

b. The university encourages student advocacy, within the limits necessary to accommodate academic needs and ensure public safety, and welcomes its students' involvement with the political, moral, and social issues of the day.

c. Five or more students with a university faculty or staff advisor are entitled to register as an organization.

d. Each group that seeks to use university facilities shall apply to the dean for registration as an organization.

e. No organization or group may be registered if the actions or activities of the organization or group, in the opinion of the president and/or the Dean of Student Affairs, are inimical to the educational purpose and work of the university.

Sec. 5-202. Eligibility
a. A group is eligible for registration if

1. its membership is limited to students, faculty, staff, and alumni of the university;
2. its membership is not denied on any basis prohibited by applicable law, including, but not limited to race, color, national origin, religion, sex, age, veteran status, or disability;
3. it is not under disciplinary penalty prohibiting registration; and
4. it conducts its affairs in accordance with local, state, and federal laws; the Regents' Rules; university regulations; and administrative rules.

Sec. 5-203. Application
a. A group shall apply to register using a registration packet prescribed by the dean and available in the Office of Student Development.

b. The registration packet shall include

1. Registration how-to sheet;
2. Rules and regulations sheet;
3. Registration form;
4. Membership agreement
5. No hazing agreement;
and
6. A current roster of officers and members that will represent the organization in official business with the University.

Sec. 5-204. Action on Application
a. The dean or his/her designee shall consider the application unless the applicant is ineligible under subsection 5-201(e), or section 5-202 or 5-203.

b. The dean provides tentative approval to the applicant by letter and will request a formal constitution of the organization be submitted.

c. When tentative approval is obtained, the organization has 90 days to submit a formal constitution to the dean.

d. An organization is not registered until the dean signs the application form and places it and the organization constitution on file.

e. If an organization is refused registration, the dean shall provide the applicant with a copy of a written statement of the reasons for refusal, and the applicant may appeal in accordance with section 5-404.

Sec. 5-205. Use of University Name or Sponsorship
a. Only an organization that is sponsored by the university may use the name of the university or an abbreviation of the name of the university as part of its name.

b. A student, group, or organization may not use the name of the university or an abbreviation of the name of the university as part of its name. A student, group, or organization may use terms such as "campus" as part of its name.

c. A student, group, or organization may not advertise or promote events or activities or other functions in a manner that suggests falsely that the event or activity is sponsored by the university.

Subchapter 5-300. Rights and Duties

Sec. 5-301. Recognition and Activities
a. An organization is entitled

1. to be listed as a registered student organization;
2. to sponsor or present a public performance or exhibition on university property in accordance with subchapter 7-200; (Reservation of a University Facility)
3. to raise funds or make other permissible solicitations on university property in accordance with subchapter 7-200;
4. to reserve the use of university facilities in accordance with subchapter 7-200.

Sec. 5-302. Membership
a. An organization must restrict its membership to students, faculty, staff, and alumni of the university, but it may not deny membership on any basis prohibited by applicable law, including but not limited to, race, color, national origin, religion, sex, age, veteran status, or disability

b. An organization must maintain an advisor who is a faculty or staff member of the university and who must sign organization registration forms and student activity registration forms.

Sec. 5-303. Fiscal Procedure
a. Student organizations may establish a university account for depositing of funds with the Office of Financial Services or an account with a private financial institution may be established.

b. A signature card requiring signatures of the faculty or staff advisor and the organization president or treasurer to transact business is required.

c. Texas law allows a registered student organization to be relieved from state sales tax liability for fund-raising sales occurring one day per month or less where sales are for the benefit of the registered organization and do not involve another entity not authorized for solicitation.

Sec. 5-304. Rules and Regulations for Student Clubs and Organizations
a. Student organizations must register once a year at the beginning of the fall semester with the Office of Student Life. Registration materials needed include a registration from, a no hazing agreement, a membership agreement, a current roster of officials and members that will do business with the University of Texas at Tyler, and an updated constitution.

b. The name of the University of Texas at Tyler or the name of the University of Texas System cannot be used as part of a student organizations’ name.

c. A student organization is not allowed to suggest or imply that it is acting with the authority or as an agency of the University of Texas at Tyler.

d. A seal of either the University of Texas at Tyler or the University of Texas System cannot be used by a student organization in connection with any activity of the organization. In addition, a student organization is not allowed to use such seal or seals as a part of any letterhead, sign, banner, pamphlet, or other printed material that bears the name of the organization.

e. A student organization must furnish an updated and complete list of all officers and members wishing to conduct official business on behalf of their group with the University of Texas at Tyler at the beginning of EACH SEMESTER to the Office of Student Development. Each list must be signed by the club advisor.

f. Only registered students, faculty/staff, and alumni of the University of Texas at Tyler are eligible for membership in a student organization. In addition, each student organization or group must sign an agreement at the beginning of EACH SEMESTER that it does not, and will not during the semester, have as a member any individual who is not a student, faculty/staff, or alumni at the University of Texas at Tyler.

g. A student organization that has as a member anyone who is not a student, faculty/staff, or an alumni at the University of Texas at Tyler may not use any facility of the University of Texas at Tyler.

h. The president and the dean of student affairs have the power to deny registration to any student organization or group whose actions or activities in their opinion are adverse to the educational purpose and work of the University of Texas at Tyler.

i. A student organization whose registered status has been cancelled cannot re-apply for registration for at least one calendar year following the date of cancellation.

j. A student organization that owes a delinquent monetary debt to the university will not be allowed to use the facilities of the university until such debt is paid.

k. Hazing with or without the consent of a student inflicting the hazing or the person submitting to the hazing is not permitted and subject to immediate discipline.In addition, each organization must sign a written statement at the beginning of EACH SEMESTER acknowledging that the organization does not engage in hazing activities which may be dangerous, harmful, or degrading to the student.

l. A current copy of an organization’s constitution must be submitted whenever amendments to the constitution are made.

m. All signs, posters, and fliers must be approved by the Office of Student Development unless they are posted on a bulletin board specifically designed for that organization’s school.

Sec. 5-305. Release and Idemnification Agreement
Student organizations and clubs are required to have each individual member and their dependents fill out and sign a release and idemnification agreement before taking out-of-town trips as on organization or club. These agreements should be filed with the Office of Student Life before taking the trip.

Subchapter 5-400. Discipline

Sec. 5-401. Administration
a. An organization violates a regents' rule, university regulation, or administrative rule when

1. one or more of its officers or authorized representatives acting in the scope of their organizational capacities commit the violation;
2. one or more of its members commit the violation after the action that constitutes the violation was approved by majority vote of those members of the organization present and voting;
3. one or more members of a committee of the organization commit the violation while acting in the scope of the committee's assignment;
4. a member of an organization acting with apparent authority of the organization commits the violation;
5. one or more members of an organization or its officers permit, encourage, aid, or assist any of its members in committing a violation;
6. one or more members of an organization or its officers, under circumstances where such persons knew or should have known that an action constituting a violation was occurring or about to occur, fails to prevent that action; or
7. one or more members of an organization fail to report to appropriate university or civil authorities promptly their knowledge or any reasonable information about a violation.

b. When the dean receives information that an organization has allegedly violated a regents' rule, university regulation, or administrative rule, he or she shall investigate the alleged violation. Upon completing the investigation, the dean may

1. dismiss the allegation as unfounded; or
2. summon the authorized representative(s) of the organization for a conference at which the organization can respond to the charges and, after conferring with the representative(s)

A. dismiss the allegation; or
B. find the organization in violation and impose a penalty.

c. The dean may impose one or more of the penalties under section 6-402 when an organization fails, without good cause, to comply with a summons under subsection (b).

d. Notwithstanding any other provision of this chapter, the dean or the president may take immediate disciplinary action, pending a conference, against an organization that violates a rule or regulation of the university or the University of Texas System when, in the opinion of the official, the interest of the university or the University of Texas System would be served by interim action.

e. A student may be disciplined for a violation under chapter 11 even though the organization of which the student is a member is penalized under this subchapter for the same violation or for a violation growing out of the same factual transaction.

Sec. 5-402. Penalties
a. The dean, acting pursuant to section 5-401, or the hearing officer, after a hearing under this subchapter, may impose one or more of the following penalties for violation of a regents' rule, university regulation, or administrative rule:

1. place the organization on probation for not more than one calendar year;
2. suspend for not more than one calendar year the organization's right to do one or more of the following:
   A.publicly post signs;
   B.install a booth;
   C.publicly assemble or demonstrate;
   D.sponsor or present a public performance or exhibition;
   E.publicly raise funds or make a solicitation;
   F.reserve the use of university facilities; or
   G.participate in intramural sports tournaments and events;
3. require restitution, educational seminars, and community service;
4. suspend for not more than one calendar year the organization's registration; or
5. cancel the organization's registration for not less than one calendar year.
6. The dean or the hearing officer may impose conditions related to the offense and failure to meet the conditions will be considered an additional violation.

Sec. 5-403. Notice
a. The dean must notify the organization concerned by letter of the penalty imposed and of the group's right to appeal. The dean shall send the letter to any authorized representative of the organization.

b.The letter shall

1. describe concisely the findings of violation;
2. outline the penalty imposed; and
3. advise the organization of its rights to appeal in accordance with section 6-404.

Sec. 5-404. Right to Appeal
a. An organization that has not had its registration suspended or canceled may appeal to the president.

b. An organization that has had its registration suspended or canceled is entitled to appeal to the president or to have the dean's decision reviewed by a hearing officer. The organization or the dean may appeal the decision of the hearing officer to the president.

c. To appeal any decision, written notice must be given to the dean within ten days after the day on which the decision or action being appealed is announced. The notice is informal, but shall contain the organization's name, the date of the decision or action, the name of the organization's representative, and the review authority to which the appeal is being made. If the dean is the appellant, a copy of the notice shall be given to the accused organization on the same day notice is served by the dean.

d. Notice of appeal timely given suspends the imposition of penalty until the appeal is finally decided, but interim action may be taken as authorized under subsection 6-401(d).

e. In the case of an appeal to the president, arguments either against or in support of the decision will be considered and, at the discretion of the president, will be presented in writing rather than orally.

f. The president may approve, reject, or modify the decision in question, or may require that the original decision be reopened for the presentation of additional evidence and reconsiderationof the decision.

g. In an appeal to a hearing officer, the dean's decision will be reviewed for fairness, reasonableness, and compliance with Institutional Rules as described in subchapter 6-405. The hearing officer will review written arguments and then meet with both parties together to ask questions, seek clarification, and hear any final comments by the parties.

h. The hearing officer may approve, reject, or modify the dean's decision. The criteria on which the hearing officer's decision will be based are fairness, reasonableness, and compliance with Institutional Rules. Either party may appeal the decision of the hearing officer to the president.

i. Before an appeal can be considered, all relevant documentation from the previous decision to be filed by the appealing party, including written arguments when appropriate, must be filed with the reviewing authority within twenty-one days after notice of appeal is given.

j. The action of each reviewing authority shall be communicated in writing to the accused organization and the dean. The decision of the president shall be the final appellate review.

Sec. 5-405. Hearing
a. The hearing is informal and is closed except that, upon request of the accused organization, the hearing may be open.With the consent of or by invitation of the representative of the accused organization, the following persons may attend:

1. 1. not more than two representatives of the Student Government Association;
2. 2. not more than two staff members of the Patriot; and
3. 3. not more than five members of the organization.

b. An authorized representative of the organization may challenge the hearing officer's alleged lack of fairness or objectivity, but is not entitled to disqualify the person from serving. It shall be up to the challenged person to determine whether he or she can serve with fairness and objectivity. If the challenged person disqualifies himself or herself, another hearing officer shall be appointed.

c. The dean shall set the date, time, and place for the hearing and notify the organization's authorized representative.

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